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A Guide to Filing Pro Se with the
Supreme Court of Pennsylvania
First Published: July 22, 2013
Last Updated: August 8, 2014
Purpose of This Manual/How to Use This Manual ................................................... 2
Section One: Filing Pro Se.................................................................................................... 4
Restrictions and Limitations to Proceeding Pro Se ............................................ 6
Finding an Attorney.......................................................................................................... 8
Section Two: The Supreme Court of Pennsylvania .................................................. 9
Administrative Powers ................................................................................................ 10
Jurisdictional Powers .................................................................................................... 11
Limitations to the Supreme Court’s Powers ....................................................... 12
Section Three: The Office of the Prothonotary........................................................ 14
Power and Responsibility of the Prothonotary ................................................. 16
Limitations to the Prothonotary’s Powers .......................................................... 18
Contacting Us and Where to File .............................................................................. 20
Section Four: Common Filings ....................................................................................... 21
Petition for Allowance of Appeal ............................................................................. 22
Time for Filing a Petition for Allowance of Appeal .......................................... 24
Checklist for Filing a Petition for Allowance of Appeal .................................. 26
Answering a Petition for Allowance of Appeal .................................................. 27
Petition for Allowance of Appeal Denied/Reconsideration ......................... 28
Petition for Allowance of Appeal Granted ........................................................... 29
Appeals of Right and Granted Petitions for Allowance of Appeal ............. 30
Appeals of Right .............................................................................................................. 31
Briefing the Issues .......................................................................................................... 35
Checklist for Filing Briefs (Appellant, Appellee and Reply) .................. 36-39
Deciding the Case and Reargument ........................................................................ 40
Applications for Relief, Ancillary Motions, and Invoking the Court’s
Original and Extraordinary Jurisdiction .............................................................. 41
Applications for Relief and Ancillary Motions ................................................... 42
Original Jurisdiction: Mandamus, Habeas Corpus, and Prohibition ......... 43
Extraordinary Jurisdiction.......................................................................................... 45
Section Five: Formatting, Number of Copies, Fees
and Deadlines for Filing .................................................................................................... 46
General Formatting Rules and Samples ................................................................ 47
Filing Fees, In Forma Pauperis Forms, and Number of Copies ................... 54
Proof of Service ............................................................................................................... 62
Deadlines for Filing and Preserving your Filing Date ..................................... 64
1
Purpose of this Manual
The following manual is designed to help you understand the workings
of the Supreme Court of Pennsylvania and to address some of the most
common errors that cause delays in getting your pleadings before the Court.
The manual is designed to provide procedural guidance only, and does not
provide substantive legal advice.
As you will see noted throughout this manual, this manual is not a
complete explanation of all filings that can be made with the Office of the
Prothonotary, but rather an attempt to survey the most common filings and
most common mistakes made by Pro Se litigants. You, and you alone, are fully
responsible for understanding the Judicial Code, the Rules of Appellate
Procedure, and the Caselaw as they apply to your individual case.
How to Use this Manual
This manual is divided into five sections.
Section One is titled “Filing Pro Se.” Section One attempts to explain the
rights that you have as a Pro Se litigant and some of the restrictions or
limitations that you may find, when you proceed Pro Se.
Section Two is titled “The Supreme Court of Pennsylvania.” Section Two
attempts to explain the history of the Court and precisely what powers and
responsibilities the Court has within the three branches of Pennsylvania’s
Government.
Section Three is titled “The Office of the Prothonotary.” You will not be
dealing directly with the Justices of the Court. All filings and communications
that you wish to make to the Court must be filed with the Office of the
Prothonotary. Section Three attempts to explain the purpose of the Office of
the Prothonotary and the powers and limitations of the Office as established
by the Supreme Court of Pennsylvania and General Assembly.
Section Four is titled “Most-Common Filings.” In Section Four, this
manual attempts to survey the most-common filings made to the Office of the
Prothonotary.
2
Section Five is titled “Formatting, Number of Copies, Fees and Deadlines
for Filing.” Section Five is especially important, as that section attempts to
provide guidance on the most-common errors that Pro Se litigants make in
filing with the Office of the Prothonotary. While you should read each section
of this manual before filing with the Court, you should pay particular attention
to all the issues addressed in Section Five as those are the areas where
problems may unnecessarily delay your case.
The Supreme Court of Pennsylvania embraces the idea that access
to the Courts is a fundamental right of all Pennsylvanians. We hope you find
this manual informative and easy to use. If you have any questions or issues,
please do not hesitate to contact our office.
3
Section One: Filing Pro Se
Equal Justice Under the Law
4
Through its long history, the Supreme Court of Pennsylvania (or the
Supreme Court) has been, and continues to
Pro Se, n. One who represents
be, committed to dispensing justice for all
oneself in a court proceeding
Pennsylvanians. Some litigants, for any
without the assistance of a
lawyer - Black’s Law Dictionary,
number of reasons, may find it necessary to
9th Edition
represent themselves pro se before the
Court.
The purpose of this manual is to aid you, proceeding pro se, in preparing
pleadings to file with the Supreme Court. The information in this manual
attempts to explain the procedural steps for filing in the Supreme Court , in
compliance with the Pennsylvania Rules of Appellate Procedure (or the Rules
or Pa.R.A.P.). This manual does not replace the Rules and, as the Rules of
Appellate Procedure are subject to change, without
notice, it is your responsibility to review the Rules
appellate, adj. Of or
relating to an appeal or
for any changes.
appeals generally - Black’s
Law Dictionary, 9th Edition
The Rules can be found online at:
http://www.pacode.com/secure/data/210/210toc.html *
!
Nothing in this manual should be construed as legal advice and
should not be cited as legal authority
*The Courts are not involved in maintaining the Pennsylvania Code website and
cannot guarantee the accuracy of all the rules listed. The most-current rules are
published by West twice a year in a book titled “Pennsylvania Rules of Court,”
and can be found in law libraries and many local libraries as well.
5
Restrictions and Limitations to
Proceeding Pro Se
Like most rights, access to the Courts is not without boundaries. For the
purposes of this manual, the boundaries of filing in the Supreme Court of
Pennsylvania are dictated by the Pennsylvania Rules of Appellate Procedure
and the Judicial Code.
One such rule limits the filing rights of those who are currently
represented by court-appointed counsel or private counsel.
Pa.R.A.P. 3304 - Hybrid Representation - Where a litigant is
represented by an attorney before the Court and the litigant
submits for filing a petition, motion, brief or any other type of
pleading in the matter, it shall not be docketed but forwarded to
counsel of record.
If a filing deadline is approaching and you believe you have been
abandoned by counsel or you have no further legal avenues, you may be
allowed to file your pleading Pro Se. While the record and procedural history
is different in every case, the Office of the Prothonotary and the Court reserve
the right to administratively dispose of your pleading in compliance with
Pa.R.A.P. 3304 without reviewing the merits of your argument.
If you have court-appointed counsel and you desire to proceed pro se, it
is often best to file a petition to proceed Pro Se in the court that appointed
counsel for you, in compliance with that court’s specific rules.
Another restriction is that non-attorneys are not allowed to file an
appeal on behalf of another person or business, even if you have a “power of
attorney,” as this is considered the practice of law without a license.
The Court is charged with reviewing issues of law that affect all
Pennsylvanians and the Court’s decision becomes the law of the
Commonwealth. Often times arguments are best framed and explored by an
6
attorney admitted to the Pennsylvania bar and familiar with the area of
Pennsylvania law from which your case arises. It is highly suggested that you
have an attorney prepare your filing.
Pro Se litigants are held to the same procedural standard as attorneys
admitted to the bar of the Commonwealth of Pennsylvania. Filing Pro Se does
not exempt you from understanding and following the Pennsylvania Rules of
Appellate Procedure. If your filing complies with the Rules, the Court will
review the merits of your case and decide if you are due relief.
!
Whether you have an attorney file on your behalf or decide to
proceed Pro Se, the Court will review your pleading(s) and
decide whether your arguments have merit.
7
Finding an Attorney
The local and state Bar Associations compile and maintain lists of
attorneys offering pro bono services.
pro bono, adj. Being or involving
uncompensated legal services performed
esp. for the public good - Black’s Law
Dictionary, 9th Edition
The Pennsylvania Bar Association maintains a list of Referral Services
online at: http://www.pabar.org/public/membership/lrsblurb.asp
!
The Courts of Pennsylvania cannot recommend any attorney for
you to contact and do not keep a list of attorneys offering their
services without compensation.
8
Section Two: The Supreme
Court of Pennsylvania
Supreme, adj. (Of a court,
power, right, etc.) highest;
superior to all others - Black’s
Law Dictionary 9th Edition
From Upper Left: Supreme Court of Pennsylvania
Courtrooms in Pittsburgh, Harrisburg, and Philadelphia
9
The Supreme Court of Pennsylvania is the longest continually serving
court in the United States of America. While the Court has operated since
1684, it wasn’t officially established by the General Assembly as an
independent court until 1722. The Court has been an independent branch of
Pennsylvania’s government ever since.
The Supreme Court of Pennsylvania consists of one Chief Justice and six
associate Justices. The longest serving Justice becomes the Chief Justice when
there is a vacancy. Each Justice is elected to the Supreme Court by the citizens
of the Commonwealth of Pennsylvania for a ten-year term. Every ten years
the Justice is held to a retention vote. In a retention vote a Justice does not
have an opponent, rather the citizens of the Commonwealth have the choice to
retain the Justice for another ten-year term or not.
Generally, the Court sits as a full body to decide each matter before it.
The vast majority of cases before the Court are decided on the papers filed
with the Court and rarely are cases physically argued before the Court. The
instances where cases are argued are dealt with in other sections of this
manual.
Administrative Powers
The Constitutional amendments of 1968 established a Unified Judicial
System, which includes the Supreme Court, Superior Court, Commonwealth
Court, Common Pleas Courts, Philadelphia Municipal Court, and Magisterial
District Courts. The Supreme Court of Pennsylvania has the supervisory
authority and responsibility of maintaining the Unified Judicial System.
As part of that supervisory authority the Supreme Court of Pennsylvania
issues administrative rules, known as the Rules of Court, to ensure that
litigants that request access to any court in the Unified Judicial System receive
consistent and fair service throughout the Commonwealth.
10
Supreme Court
Supreme
Superior and Commonwealth Courts
Courts of Common Pleas
Magisterial District Courts
and Philadelphia Municipal Court
Pennsylvania’s Unified Judicial System
Jurisdictional Powers
Jurisdiction, A court’s power to
decide a case or issue decree Black’s Law Dictionary 9th
Edition
While the Judicial branch of government is a separate and independent
governmental entity, there are checks and balances on the Court’s power. The
Court’s internal organization comes partly from the administrative rules
mentioned above and partly from legislative decree.
Statute, n. A law passed by a
legislative body - Black’s Law
Dictionary 9th Edition
Pennsylvania’s legislature has issued a
set of statutes, collectively known as the
Judicial Code, governing the responsibility
11
and power of the judicial branch to review and find solutions for problems
facing the citizens of the Commonwealth. The Judicial Code can be found in
Title 42 of Pennsylvania’s Consolidated Statutes.
There are generally four types of jurisdiction in the Supreme Court of
Pennsylvania: original, appellate, exclusive, and extraordinary. Specific
jurisdiction will be discussed later in this manual.
A review of this manual in conjunction with the Judicial Code and Rules
of Court will help you to decide the appropriate course of action given your
particular circumstances.
Limitation to the Supreme Court’s
Powers
Pennsylvania’s Courts have powers specifically given to them by
Pennsylvania’s Constitution. Correspondingly, the Federal Government’s
Courts, including the United States Supreme Court, have powers specifically
given to them by the Constitution of the United States of America.
At times, the Federal Courts will request, through a Certification of
Question of Law, that Pennsylvania’s Supreme Court provide them with an
official interpretation of Pennsylvania statutes or caselaw to help them decide
matters before their Court. Further, the Supreme Court of Pennsylvania often
interprets and applies Federal statutes
and caselaw to matters before it.
Caselaw, The law to be found in
the collection of reported cases
that form all or part of the body
of law within a given jurisdiction.
- Black’s Law Dictionary 9th
Edition
12
!
While the distinction between the state and federal jurisdictions
may seem unclear, one thing is certain - the Supreme Court of
Pennsylvania cannot overrule an official judgment from a
Federal Court in a particular case.
There may be additional review available to you, however, the
jurisdiction of the federal courts is not within the purview of this manual further research on your part is necessary.
The Supreme Court has no power to gather evidence or determine facts.
In general, when you file an appeal with the Supreme Court, the Court decides
the case based on evidence that is already part of the record.
!
Only in rare circumstances, such as when exclusive jurisdiction
rests with the Supreme Court or when the Supreme Court takes
extraordinary jurisdiction from another Court, will the Supreme
Court of Pennsylvania act as a fact finder.
13
Section Three: The Office of
the Prothonotary
Pennsylvania Judicial Center, Harrisburg – Home to many of the
Supreme Court’s committees and administrative offices including
the Office of the Prothonotary, Middle District
14
Throughout its history, the Supreme Court has had a need for personnel
to organize its dockets and oversee the distribution of papers to and from
various parties.
In the earliest days of Pennsylvania, the position of Prothonotary was a
coveted position for many of the state’s officials, as the Prothonotary’s salary
was the Court fees levied on the litigants
involved.
Prothonotary, n. A chief
clerk in certain courts of
law. - Black’s Law
Dictionary 9th Edition
Today, the Prothonotary is appointed by
administrative rule of the Supreme Court of
Pennsylvania and the salary is not related to the
fees collected by the Court. The Prothonotary, personally and through staff, is
charged with maintaining order in the Court’s filings and records, primarily by
enforcing the Pennsylvania Rules of Appellate Procedure and interpreting
caselaw relating to issues of access to the Courts.
!
While the Prothonotaries of the Appellate Courts are appointed,
most county Prothonotaries and Clerks of Courts are elected
officials. As a result, the administrative power of the Unified
Judicial System, with respect to county officials, may be limited.
15
Power and Responsibility of the
Prothonotary
The responsibilities of the Prothonotary are described in Chapter 31 of
the Pennsylvania Rules of Appellate Procedure. Some highlights include:
maintaining dockets (Pa.R.A.P. 3113), maintaining original records when the
matter is before the appellate court (Pa.R.A.P. 3114), and keeping track of
inactive matters (Pa.R.A.P. 3115). Most of these matters are not handled by
the Prothonotary personally, but rather are handled by duly authorized
personnel in the Office of the Prothonotary (Pa.R.A.P. 3112).
On average, the Court each year reviews nearly 3,000 appeals in one
form or another, as well as another 3,000 ancillary requests each year. In
order for these requests to be processed and reviewed in an orderly and
prompt manner the Court has given the Prothonotary the power to generate
decrees in administrative matters, through official orders or correspondence.
Pa.R.A.P. 3305 - Administrative Motions - The Prothonotary, in the
first instance, is authorized to dispose of motions relating to the
preparation, printing and filing of appendix and briefs and those
motions generally relating to calendar control, along with the
authority to recommend the appropriate sanction for the violation
of any applicable rule or order.
16
Further, in order to expeditiously move a case along, the Prothonotary
has the discretion to modify or waive the Rules.
Pa.R.A.P. 105 (a) - Waiver and Modification of Rules - […] In the
interest of expediting decision, or for other good cause shown, an
appellate court may, except as otherwise provided[…], disregard
the requirements or provisions of any of these rules in a particular
case[…]
Please keep in mind, all cases are different; a rule may be waived or
enforced in a case similar to yours, but that does not mean that the rule will be
waived or enforced in your case.
!
No official order is required for the Office of the Prothonotary to
request that corrections be made to your pleadings or to
administratively close your case for a fatal non-compliance with
the Rules.
Another important function of the Prothonotary is to enforce standards
of communication between parties and to
act as a conduit between the Court and the
ex parte communication, A
parties. By rules governing judicial ethics,
communication between
counsel and the court when
individual Justices are prevented from
opposing counsel is not present.
participating in ex parte communication.
Such communications are
ordinarily prohibited - Black’s
Law Dictionary 9th Edition
!
Every pleading you wish the Court to see must be sent to the
Office of the Prothonotary. Nothing should be mailed directly
to the chambers of any Justice.
17
Limitations to the Prothonotary’s
Powers
The Prothonotary will not dismiss your case on the merits of your
argument. However, the Prothonotary will conduct a preliminary review of
your argument to determine if your pleading attempts to circumvent the
Rules.
For example, if you seek to invoke the original jurisdiction of the Court
in order to appeal a final order, your pleading will be returned, unfiled, as an
original jurisdiction pleading may not be used to circumvent the appellate
process, and you will be advised as to the appropriate method by which to
proceed. If you file a pleading under a different name that attempts to reargue
claims in your case that have already been reviewed by the Court, you may be
advised that you are not allowed to proceed (“take another bite at the apple”).
The examples above are not exclusive but are provided to give you some idea
of filings that are unacceptable.
The Prothonotary continuously strives to provide the public with
reasonable access to the Courts.
!
If your pleading is jurisdictionally sound and complies with the
applicable Pennsylvania Rules of Appellate Procedure, your
papers will be placed on the appropriate permanent docket and
presented to the Supreme Court of Pennsylvania for a review of
your arguments.
Please keep in mind, the Supreme Court of Pennsylvania does not have
the resources to make a specialized legal staff available to the public. In other
words, we are unable to provide you with advice on the legal arguments of
your pleadings. However, if you have any procedural questions, please
contact the Office of the Prothonotary.
18
!
Be aware, your case has a separate set of facts from every other
case before the Court and while the Office of the Prothonotary
can offer general procedural information to you, you are still
ultimately responsible for researching your case and deciding if
the information provided to you was applicable.
If you find that your issue is not addressed in this guide or you simply
find yourself having trouble understanding the rules, please do not hesitate to
contact the Office of Prothonotary. We always look forward to working with
you.
19
Contacting Us and Where to File
The Prothonotary maintains three regional offices in Pennsylvania
(Pa.R.A.P. 3301). When contacting our office it is best to provide or have
ready as much procedural information as possible.
Supreme Court of Pennsylvania Office of the Prothonotary, Eastern District
Room 468 City Hall
Philadelphia, PA 19107
(215) 560-6370
Responsible for: Philadelphia County and Capital Cases
Supreme Court of Pennsylvania Office of the Prothonotary, Middle District
Pennsylvania Judicial Center
601 Commonwealth Ave., Suite 4500
P.O. Box 62575
Harrisburg, PA 17106-2575
(717) 787-6181
Responsible for: Adams, Berks, Bradford, Bucks, Carbon, Centre, Chester, Clinton,
Columbia, Cumberland, Dauphin, Delaware, Fulton, Franklin, Huntingdon, Juniata,
Lackawanna, Lancaster, Lebanon, Lehigh, Luzerne, Lycoming, Mifflin, Monroe,
Montgomery, Montour, Northampton, Northumberland, Perry, Pike, Schuylkill, Snyder,
Sullivan, Susquehanna, Tioga, Union, Wayne, Wyoming, and York Counties
Supreme Court of Pennsylvania Office of the Prothonotary, Western District
801 City-County Bldg.
Pittsburgh, PA 15219
(412) 565-2816
Responsible for: Allegheny, Armstrong, Beaver, Bedford, Blair, Butler, Cambria,
Cameron, Clarion, Clearfield, Crawford, Elk, Erie, Fayette, Forest, Greene, Indiana,
Jefferson, Lawrence, McKean, Mercer, Potter, Somerset, Venango, Washington, Warren,
and Westmoreland Counties
!
If you have been convicted of a crime and are in prison, please
use the county in which the conviction arose, not the county in
which you are imprisoned, to determine in what district you
should file your papers.
20
Section Four: Most-Common
Filings
!
The filings addressed in this section are meant to survey the
most common pleadings filed with the Court. This list is not
exhaustive; it is your responsibility to explore all avenues to
determine if your pleading is appropriate.
!
All the requirements for filing the following pleadings are not
listed in this section. You should review Section Five of this
manual, in conjunction with the Rules, for information regarding
fees, copies, and general formatting rules.
21
Petition for Allowance of Appeal
The Supreme Court has jurisdiction to review appeals taken by
allowance under 42 Pa.C.S. §724(a) from any final order from the
Commonwealth Court not appealable as of right, or from any final order of the
Superior Court. A final order is generally defined as an order of the
Commonwealth Court or the Superior Court that concludes an appeal,
including an order that remands an appeal, in whole or in part, unless the
Commonwealth Court or the Superior Court retains jurisdiction (Pa.R.A.P.
1112(b)).
A Petition for Allowance of Appeal, or an “allocatur,” is a concise
statement of your case and matters on appeal. The Petition for Allowance of
Appeal is to address the reasons that the Supreme Court should permit you to
appeal.
!
Per Pa.R.A.P. 1115(d), the failure of a petitioner to be accurate,
clear and concise is sufficient reason to deny a Petition for
Allowance of Appeal.
Because the Court has discretion to decide which cases it will hear, the
Court will look for special and important reasons to allow appeal as dictated
in Pa.R.A.P. 1114 (see below).
Of the 3,000 initial pleadings filed in the Supreme Court in an average
year, over two-thirds are allocaturs. Generally, roughly 3% of those allocaturs
are granted and placed on the appeal docket. An allocatur petition is not an
appeal; it is a request for your case to be heard on appeal.
22
Pa.R.A.P. 1114 – Standards Governing Allowance of Appeal
(a) General Rule. - Except as prescribed in Pa.R.A.P. 1101 (appeals as of
right from the Commonwealth Court), review of a final order of the
Superior Court or the Commonwealth Court is not a matter of right, but of
sound judicial discretion, and an appeal will be allowed only when there
are special and important reasons therefor.
(b) Standards. A petition for allowance of appeal may be granted for any
of the following reasons:
(1) the holding of the intermediate appellate court conflicts with another
intermediate appellate court opinion;
(2) the holding of the intermediate appellate court conflicts with a
holding of the Pennsylvania Supreme Court or the United States Supreme
Court on the same legal question;
(3) the question presented is one of first impression;
(4) the question presented is one of such substantial public importance as
to require prompt and definitive resolution by the Pennsylvania Supreme
Court;
(5) the issue involves the constitutionality of a statute of the
Commonwealth;
(6) the intermediate appellate court has so far departed from accepted
judicial practices or so abused its discretion as to call for the exercise of
the Pennsylvania Supreme Court’s supervisory authority; or
(7) the intermediate appellate court has erroneously entered an order
quashing or dismissing an appeal.
23
Time for Filing a Petition for
Allowance of Appeal
With the exception of an order involving the Pennsylvania Election Code
or Local Government Unit Debt Act (10 days), you must file your Petition for
Allowance of Appeal to the Supreme Court within thirty (30) days from the
entry of a Commonwealth Court or Superior Court final order (Pa.R.A.P.
1113(a)).
Per Pa.R.A.P. 105(b), you may not file for an extension of time to file a
Petition for Allowance of Appeal. Therefore, if your thirty-day deadline is
approaching it is important that you send us something of substance in the
nature of a Petition for Allowance of Appeal; this may preserve your filing date
and, if so, this office will give you extra time to perfect your pleading.
!
The time for filing a Petition for Allowance of Appeal does not
run from the date you receive a final order, but rather from the
date the intermediate appellate court files the order.
Other than two exceptions, listed below, your filing date is the date your
Petition for Allowance of Appeal is received by the Office of the Prothonotary.
The first exception, is for incarcerated filers under the “Prisoner
Mailbox Rule” (see Smith v. Pennsylvania Board of Probation and Parole, 546
Pa. 115, 125, 683 A.2d 278, 283 (1996), Commonwealth of Pennsylvania v.
Jones, 549 Pa. 58, 64, 700 A.2d 423, 426 (1997)). Generally, your filing date
will be preserved by the date marked on the envelope in which your filing is
sent. If your filing is late you may be asked to provide a dated Inmate Cash
Slip to prove you delivered the filing to prison officials on, or before, the date
your Petition for Allowance of Appeal was due to be filed.
The second exception, is to provide a U.S. Postal Service Form 3817,
which the Post Office will stamp with the date the pleading is mailed, or other
similar U.S. Postal Service form from which the date of deposit can be verified.
24
You should write the intermediate appellate court docket number on the
Postal Form 3817.
If you are unable to file a timely
Petition for Allowance of Appeal, your only
Nunc Pro Tunc, n. Having
recourse, if you still wish for the Court to
retroactive legal effect
review the merits of your case, would be to
through a court's inherent
powers. - Black’s Law
file for Nunc Pro Tunc relief. In a Petition
Dictionary 9th Edition
for Leave to File a Petition for Allowance of
Appeal Nunc Pro Tunc you are only allowed
to make legal arguments about why you were not able to timely file. If the
Court granted you Nunc Pro Tunc relief, you would then be able to make
arguments about the merits of your case in the form of a Petition for
Allowance of Appeal.
25
Requirements of Petition for Allowance of Appeal (Checklist)
Cover Page* (see Pa.R.A.P. 1115(b), 2172(a)), that includes:
Court and District
Caption (should read, verbatim, that of the intermediate appellate court's caption
except parties becomes Petitioner and Respondent)
Type of filing
“Appeal From” Paragraph (containing docket number, decision, and date of decision of
intermediate court and lower court/agency)
Filer information (address and phone number, if available)
Table of Contents* (see Pa.R.A.P. 2174(a) - list the page number of all sections in your
allocatur)
Table of Citations* (see Pa.R.A.P. 2174(a) - list, in alphabetical order, the short caption,
citation and page number of all cases cited in your allocatur)
Reference to the Opinions Below (see Pa.R.A.P. 1115(a)(1))
Text of the Order in Question (see Pa.R.A.P. 1115(a)(2) – type, verbatim, the portion of
the order sought to be reviewed and the date the order was entered)
Questions Presented for Review (see Pa.R.A.P. 1115(a)(3) – list the questions you would
like the Court to address. Generally, only questions set forth in your allocatur will be reviewed
by the Court.)
Concise Statement of the Case (see Pa.R.A.P. 1115(a)(4) – state the facts of the case
relevant to your argument. The purpose of this section is to give the Court a clear picture of
your case.)
Concise Statement of Reasons Relied Upon for Allowance of Appeal (see Pa.R.A.P.
1115(a)(5) – this is the argument portion of the allocatur. With accuracy, brevity, and clarity,
provide the court with whatever is essential to decide why the Court should allow appeal.)
Conclusion (briefly summarize your argument, sign, and date)
Opinions and Orders (Pa.R.A.P. 1115 (a)(6) Superior or Commonwealth Court
Opinion/Order, Order denying Reconsideration, if reconsideration was requested, and Trial
Court/Agency Order and/or Pa.R.A.P. 1925(a) Opinion)
Payment or In Forma Pauperis Papers*
Proof of Service* (see Pa.R.A.P. 121 and 122)
* Please see the Formatting section of this manual for samples
Answering a Petition for Allowance of
Appeal
Depending on the circumstances of your case, opposing parties will be
allowed to file an answer to a Petition for Allowance of Appeal, generally
within fourteen or seventeen days from the date of service. They are also be
allowed to file a letter stating they will not be filing an answer.
The failure of an opposing party to file an answer will not be interpreted
by the Court as agreement with your pleading (Pa.R.A.P. 1116(a)). The Office
of the Prothonotary will not compel the respondent to file an answer
addressing the issues raised in your allocatur.
After all answers are received, or the date for filing an answer has
passed, your papers will be forwarded to the full Court for review (Pa.R.A.P.
1121). After your papers are forwarded to the Court, generally, you will not
be able to file any further pleadings without leave of court.
Pa.R.A.P. 2501 – Post-submission Communications
(a) General rule. After the argument of a case has been
concluded or the case has been submitted, no brief,
memorandum or letter relating to the case shall be presented or
submitted, either directly or indirectly, to the court or any judge
thereof, except upon application or when expressly allowed at
bar at the time of argument.
After your case is submitted you will be notified by first class mail of any
order entered by the Court.
!
!
As the filer, it is your responsibility to alert the Prothonotary’s
Office to any changes of address.
While you may contact the Office of the Prothonotary to check if
your case is still active, we cannot tell you when your case will be
decided.
27
Petition for Allowance of Appeal
Denied: Reconsideration
If the Supreme Court issues an order denying your Petition for
Allowance of Appeal, the Prothonotary will send you a certified copy of the
order via first class mail, at your address of record.
After that, the only pleading that you are allowed to file with the Court is
an Application for Reconsideration. Please keep in mind that the Court has
reviewed your papers and arguments, so there is no need to file, and the Court
will not grant, a redundant argument in the form of an Application for
Reconsideration.
Pa.R.A.P. 1123(b) - Denial of Appeal; Reconsideration.
[Text intentionally omitted]
(b) Reconsideration. Applications for reconsideration of denial of allowance of
appeal are not favored and will be considered only in the most extraordinary
circumstances.
[…]
(1) Briefly and distinctly state grounds which are confined to intervening
circumstances of substantial or controlling effect.
[…]
No answer to an application for reconsideration will be received unless
requested by the Supreme Court. Second or subsequent applications for
reconsideration, and applications for reconsideration which are out of time
under this rule, will not be received.
!
Generally, any question that is not presented for review in the
allocatur is considered waived.
28
Petition for Allowance of Appeal
Granted
If the Supreme Court issues an order granting your Petition for
Allowance of Appeal, the Prothonotary will send you a certified copy of the
order via first class mail at your address of record.
The Office of the Prothonotary will request the original record from the
court that is currently holding it. After the original record is received, the
Office of the Prothonotary will issue a briefing schedule, that will establish the
due dates of the Appellant’s Brief, and notify all parties via first class mail. At
this point, probable jurisdiction has already been noted by the allocatur grant,
so there is no need to file a Notice of Appeal or Jurisdictional Statement. For
help in filing briefs, please see the Briefing the Issues section.
29
Appeals of Right and Granted Petitions
for Allowance of Appeal
30
Appeals of Right
The Supreme Court has exclusive jurisdiction of appeals from any final
order entered in any matter which was originally commenced in the
Commonwealth Court, and was not an appeal of an order or decision from
another court, an agency that has an internal appeal unit (42 Pa.C.S. §723(a)),
or magisterial district judge. A final order is generally defined as an order that
disposes of all claims and of all parties (Pa.R.A.P. 341).
!
If your appeal originated from a Court of Common Pleas order or
an agency that has its own appeal board of review, the
appropriate filing is a Petition for Allowance of Appeal.
If you have determined that your case falls under the statutory
requirements of an appeal as of right, you must file your Notice of Appeal and
Jurisdictional Statement with the Commonwealth Court. Failure to file your
Notice of Appeal in the appropriate Court may result in unnecessary delay.
The form of the Notice of Appeal is described in Pa.R.A.P. 904(a), and
has been altered for this Court’s specific needs:
31
COMMONWEALTH COURT OF PENNSYLVANIA
John Doe, Appellant
v.
[Note: The order of parties in the caption
should be the same as the order in the
Commonwealth Court Pa.R.A.P. 904(b)]
C.D., Appellee
Commonwealth Ct. Docket No.: _______________
Notice of Appeal
Notice is hereby given that John Doe, Appellant above
named, hereby appeals to the Supreme Court of Pennsylvania
from the order entered in this matter on the _____ day of
__________, 20___. This order has been entered in the docket as
evidenced by the attached copy of the docket entry.
(S)______________________________
John Doe and
(Address
[Please attach a copy of
the Commonwealth
number)
Court’s docket entries to
the notice of appeal]
telephone
SCI Huntingdon - #FMXXXX
1120 Pike St.
P.O. Box 999
Huntingdon, PA 16652
32
In addition to your Notice of Appeal you must file a Jurisdictional
Statement (Pa.R.A.P. 909), in which you make a legal argument as to why the
Supreme Court of Pennsylvania has exclusive jurisdiction of the appeal.
Pa.R.A.P. 910 - Jurisdictional Statement. Content. Form.
(a) General rule. The jurisdictional statement required by Rule 909 shall
contain the following in the order set forth:
(1) A reference to the official and unofficial reports of the opinions
delivered in the courts below, if any, and if reported, the citation thereto.
Any unreported opinions shall be appended to the jurisdictional
statement;
(2) A statement of the basis, either by Act of Assembly or general rule, for
the jurisdiction of the Supreme Court or the cases believed to sustain that
jurisdiction;
(3) The text of the order in question, or the portions thereof sought to be
reviewed, and the date of its entry in the court. The order may be
appended to the statement;
(4) A concise statement of the procedural history of the case; and
(5) The questions presented for review, expressed in the terms and the
circumstances of the case but without unnecessary detail. The statement
of questions presented will be deemed to include every subsidiary question
fairly comprised therein. Only the questions set forth in the statement, or
fairly comprised therein will ordinarily be considered by the Court.
(b) Matters of form. The jurisdictional statement need not be set forth in
numbered paragraphs in the manner of a pleading. It shall be as short as
possible and shall not exceed 1000 words, excluding the appendix.
[Text intentionally omitted]
!
Generally, any question that is not presented for review in the
Jurisdictional Statement is considered waived at the briefing stage.
33
The Jurisdictional Statement is a brief statement of the issues in
question and the procedural history of the case. Only if the Court were to note
probable jurisdiction and issue a briefing schedule would you be able to make
full and complete legal arguments as to the merits of the questions you
presented for review in the jurisdictional statement.
As stated above, after the Court issues an order noting probable
jurisdiction, this office will request the original record from the Court that
possesses the record. After this office receives and dockets the original
record, a briefing schedule will be sent to your address of record. The briefing
schedule will set the due date for the Appellant’s brief – the due dates for all
remaining briefs will be determined by the date and method of service of the
Appellant’s Brief.
34
Briefing the Issues
After a briefing schedule is issued, you will have a chance to fully brief
the issues that you feel are legally appropriate.
If you will be filing a Reproduced Record in your case, you must file a
Designation of Contents of Reproduced Record thirty days before the
Appellant’s brief is due (Pa.R.A.P. 2154). Your Reproduced Record should be
filed in accordance with Pa.R.A.P. 2152 and Pa.R.A.P. 2153.
If you are proceeding in forma pauperis or are otherwise exempt from
filing a Reproduced Record you may instead focus on filing your brief.
!
If the Court has reviewed the issues set forth in previous filings
and limited the issues you should address in your briefs, please
limit your argument to those issues.
35
Requirements of Appellant’s Brief (Page 1 of 2)
Cover Page* (see Pa.R.A.P. 2172(a)), that includes:
Court and District
Caption (should read, verbatim, that of the intermediate appellate court's caption
with parties becoming Appellant and Appellee)
Type of filing (Appellant’s Brief or Appellant’s Reply Brief)
“Appeal From” Paragraph (containing docket number, decision, and date of decision of
intermediate court and lower court/agency)
Filer information (address and phone number, if available)
Table of Contents* (see Pa.R.A.P. 2174(a) - list the page number of all sections in your
brief)
Table of Citations* (see Pa.R.A.P. 2174(a) - list, in alphabetical order, the short caption,
citation and page number of all cases cited in your brief)
Statement of jurisdiction (for more see Pa.R.A.P. 2114 –using statutory provision,
general rule, or case law precisely explain why the Court has jurisdiction)
Order or other determination in question (for more see Pa.R.A.P. 2115 – type, verbatim,
the portion of the order sought to be reviewed and the date the order was entered)
Statement of both the scope of review and the standard of review (for more see
Pa.R.A.P. 2111 –using statutory citation or case law explain what issues the Court has the
power to review and why)
Statement of the questions involved (for more see Pa.R.A.P. 2116 – as succinctly as
possible, state the questions being reviewed and the holdings of the lower courts. All
subsidiary questions will be deemed included; questions not presented will be considered
waived)
Statement of the case (for more see Pa.R.A.P. 2117 – chronologically, state as concisely
as possible the procedural history of this matter as well as any pertinent facts needed to
understand the case – no arguments should be made in this section. If waiver is an issue
please put the manner and date in which the issue was preserved for appeal)
Summary of argument (for more see Pa.R.A.P. 2118 – reduce your argument to its core
issues and concentrate your argument to a few paragraphs and no more than two pages)
Statement of the reasons to allow an appeal to challenge the discretionary aspects of a
sentence, if applicable (see Pa.R.A.P. 2111(a)(7))
* Please see the Formatting section of this manual for samples
(continued on next page)
1
Requirements of Appellant’s Brief (Page 2 of 2)
Argument (for more see Pa.R.A.P. 2119 –thoroughly examine the issues in your case
your with as much statutory citation and case law as necessary. Each question should have its
own argument section and all authorities should be properly cited)
Conclusion (briefly summarize your argument, sign, and date)
Opinions and Orders (Pa R.A.P. 2111(b) Superior or Commonwealth Court Opinion/Order,
Order denying Reconsideration, and Trial Court/Agency Order and/or Pa.R.A.P. 1925(a)
Opinion)
Pleadings – (Pa.R.A.P. 2111(c) – if you are not required to file a Reproduced Record,
please attach copies of pleadings that have already been entered into the record and are
necessary to make an educated decision about your case)
Proof of Service* (see Pa.R.A.P. 121 & 122)
Less than 14,000 words (Opinions and Exhibits excluded)
Certificate of Compliance with Word Count (requirement waived if fewer than 35 pgs.)
Formatting in compliance with Pa.R.A.P. 124*
Correct number of copies*
* Please see the Formatting section of this manual for samples
2
Requirements of Appellee’s Brief
Cover Page* (see Pa.R.A.P. 2172(a)), that includes:
Court and District
Caption (should read, verbatim, that of the intermediate appellate court's caption
except parties becomes Appellant and Appellee)
Type of filing (Appellant’s Brief or Appellant’s Reply Brief)
“Appeal From” Paragraph (containing docket number, decision, and date of decision of
intermediate court and lower court/agency)
Filer information (address and phone number, if available)
Table of Contents* (see Pa.R.A.P. 2174(a) - list the page number of all sections in your
brief)
Table of Citations* (see Pa.R.A.P. 2174(a) - list, in alphabetical order, the short caption,
citation and page number of all cases cited in your brief)
Counter-statement of the questions involved, if desired (for more see Pa.R.A.P. 2116 – it
will be assumed that failure to provide a counter-statement means that Appellant’s statement
was sufficient and will remain unchallenged)
Counter-statement of the case, if desired (for more see Pa.R.A.P. 2117 – it will be
assumed that failure to provide a counter-statement means that Appellant’s statement was
sufficient and will remain unchallenged)
Summary of argument (for more see Pa.R.A.P. 2118 – reduce your argument to its core
issues and concentrate your argument to a few paragraphs and no more than two pages)
Argument (for more see Pa.R.A.P. 2119 – thoroughly examine the issues in this matter
with as much statutory citation and case law as necessary. Each question should have its own
argument section and all authorities should be properly cited)
Proof of Service* (see Pa.R.A.P. 121 & 122)
Less than 14,000 words (Opinions and Exhibits excluded)
Certificate of Compliance with Word Count (requirement waived if fewer than 35 pgs.)
Formatting in compliance with Pa.R.A.P. 124*
Correct number of copies*
* Please see the Formatting section of this manual for samples
3
Requirements of Appellant’s Reply Brief
Cover Page* (see Pa.R.A.P. 2172(a)), that includes:
Court and District
Caption (should read, verbatim, that of the intermediate appellate court's caption
except parties becomes Appellant and Appellee)
Type of filing (Appellant’s Brief or Appellant’s Reply Brief)
“Appeal From” Paragraph (containing docket number, decision, and date of decision of
intermediate court and lower court/agency)
Filer information (address and phone number, if available)
Table of Contents* (see Pa.R.A.P. 2174(a) - list the page number of all sections in your
brief)
Table of Citations* (see Pa.R.A.P. 2174(a) - list, in alphabetical order, the short caption,
citation and page number of all cases cited in your brief)
Summary of argument (for more see Pa.R.A.P. 2118 – reduce your argument to its core
issues and concentrate your argument to a few paragraphs and no more than two pages)
Argument (for more see Pa.R.A.P. 2119 – Appellant may address issues that were raised
by the Appellee or Amicus Curiae that were not previously addressed by the Appellant’s
principal brief)
Proof of Service* (see Pa.R.A.P. 121 & 122)
Less than 7,000 words (Opinions and Exhibits excluded)
Certificate of Compliance with Word Count (requirement waived if fewer than 15 pgs.)
Formatting in compliance with Pa.R.A.P. 124*
Correct number of copies*
* Please see the Formatting section of this manual for samples
4
Deciding the Case and Reargument
After all of the briefs have been filed, and depending on the procedural
nature and complexity of the issues, the Court may direct that the case should
be listed for oral argument or may determine that it will decide the matter
based on the submitted briefs. However, argument is not automatic in
appeals of right, and if you believe oral argument is necessary you should file
a formal request for argument explaining your position.
While you may have argued before an intermediate appellate court, it is
extremely rare that Pro Se litigants are allowed to argue before the Supreme
Court. You should make every effort to clearly explain your case and legal
argument in your briefs.
After the Court issues a decision, if you feel the Court overlooked or
misapprehended facts or law, you may file an Application for Reargument in
compliance with Chapter 25 of the Rules. As with a denied Petition for
Allowance of Appeal, Reargument is a matter of judicial discretion, so there is
no need to file, and the Court will not grant, a redundant argument in the form
of an Application for Reargument.
!
Generally, any question that is not presented for review during
the briefing stage is considered waived.
40
Applications for Relief, Ancillary
Motions, and Invoking this Court’s
Original and Extraordinary
Jurisdiction
!
No filings in this section should be used to circumvent the
appellate process or address issues that are better addressed by
a more-specific filing.
41
Applications for Relief and Ancillary
Motions
There are a number of petitions, applications, and motions that are
recognized by the Rules that you can file with the Supreme Court. The
methods for filing and the form that the papers are to take are specifically
explained in the rules that deal with your specific filing. However, if you
believe that your pleading is not addressed by the Rules you should consult
Chapter 1 of the Pennsylvania Rules of Appellate Procedure and file a motion
under Pa.R.A.P. 123, Application for Relief.
An Application for Relief has the following characteristics:
Cover Page
Table of Contents, if necessary
Table of Citations, if necessary
Statement of Jurisdiction – explain why the Court has the
right to grant you relief
Argument – this may be in numbered paragraphs and
should clearly and concisely provide the procedural history,
all pertinent facts, and all legal argument necessary to make
an informed decision
Conclusion – with clarity and specificity state the relief that
you are requesting (failure to do so will constitute waiver
therof); sign and date
Exhibits – append any documents, pleadings, orders, and
opinions that are necessary to make an informed decision
Proof of Service – serve all involve parties and provide this
office with proof of service in compliance with Pa.R.A.P. 121
& 122
42
Original Jurisdiction: Mandamus,
Prohibition, and Habeas Corpus
The Supreme Court of Pennsylvania has original jurisdiction (not
exclusive jurisdiction) to issue writs of mandamus, prohibition, and habeas
corpus (42 Pa.C.S. §721). This means you may seek a writ of mandamus, writ
of prohibition, or a writ of habeas corpus directly from the Supreme Court of
Pennsylvania.
If you are filing for a writ of mandamus, writ of prohibition, or writ of
habeas corpus in the Court’s original jurisdiction, the writs cannot be ancillary
to matters within the appellate jurisdiction of the Supreme Court (Pa.R.A.P.
3307).
Generally, mandamus may be used only to compel official action.
Mandamus is appropriate relief only when you have a clear legal right, your
opposing party has a corresponding duty, and you have no other appropriate
and adequate remedy. All three conditions must be present before mandamus
is the appropriate relief. Mandamus differs from the remedy of prohibition in
that prohibition seeks to prohibit an inferior judicial tribunal from exercising
jurisdiction over matters that the inferior tribunal does not legally have
jurisdiction.
This means if you request a writ of mandamus, the relief you should be
seeking is to have the Supreme Court of Pennsylvania compel official action. If
you request a writ of prohibition you should be seeking to restrain or prevent
official action.
In its broadest sense, habeas corpus is a writ whose function is to
compel the body of a person to be produced before the court for whatever
may be essential to the proper disposition of a case. A writ of habeas corpus is
applicable as a means to remedy an unlawful restraint upon a person’s liberty.
A writ of habeas corpus is appropriate when you are requesting that the
43
Supreme Court examine the legality of imprisonment imposed by an inferior
court.
While you may wish to file a grievance with the Court in regards to the
manner in which your case is being handled by attempting to invoke this
Court’s original jurisdiction, you must make a thorough legal argument that
would compel the Court to issue a writ.
In many instances, relief sought by invoking the Court’s original
jurisdiction is best sought by filing another pleading at another stage in your
case’s procedural timeline. Seeking a writ when not appropriate may result in
considerable delay.
As with everything in this manual, the burden is with you to research
and determine your best course of action.
!
All Petitions for Writs must be accompanied by a separate
Application for Leave to File an Original Process (Pa.R.A.P.
3307).
!
You must reference the lower court docket number from the
case in which you are asking this Court to intervene on the
cover page of your Petition for Writ.
44
Extraordinary Jurisdiction
The Supreme Court of Pennsylvania also has extraordinary jurisdiction.
The Supreme Court, on its own motion or upon petition of any party, may
assume plenary jurisdiction in any matter pending before any court or
magisterial district judge of the Commonwealth of Pennsylvania, involving an
issue of immediate public importance. The Court may then enter a final order
or otherwise cause right and justice to be done (42 Pa.C.S.A. §726). This
means the Supreme Court of Pennsylvania may assume jurisdiction of a case
involving an issue of immediate public importance. When you consider filing
an application seeking to invoke the Court’s extraordinary jurisdiction, it is
key to remember that you must have a matter actively pending before an
inferior court or agency in the Commonwealth of Pennsylvania involving an
issue of immediate public importance.
!
If you cannot demonstrate your matter is actively pending
before an inferior jurisdiction or that it is an issue involving
immediate public importance, you may not invoke the Court’s
Extraordinary Jurisdiction.
!
If, after review, your Petition for Extraordinary Relief has been
determined to contain a request that should be made by
invoking the Court’s Original Jurisdiction, you may be asked to
file a separate Application for Leave to File an Original Process
(Pa.R.A.P. 3307) or amend your initial filing.
!
You must reference the lower court docket number, from the
case in which you are asking this Court to intervene on the cover
page of your Petition for Extraordinary Relief.
45
Section Five: Formatting, Number of
Copies, Fees and Deadlines for Filing
!
The information in this section is current and accurate as of the
date listed on the cover page of this manual. As always, it is your
responsibility to find the most currently available information.
46
General Formatting Rules and
Samples
47
Formatting Rules
One of the principal tenets of the Rules of Appellate Procedure is that all
requests for relief must be formal in nature. In other words, the Court cannot
review a request written in a letter or scratched onto a notepad - a serious
attempt must be made by the filer to generate a formal pleading in compliance
with the Rules. While a failure to comply
Fatal, adj. Providing
with the Rules explored in this section is not
grounds for legal invalidity
necessarily fatal, violation may cause a delay
- Black’s Law Dictionary 9th
Edition
in relief and an avoidable financial burden on
the filers.
Size and Quality of Paper:
Pa.R.A.P. 124 - Form of Papers; Number of Copies - (a) Size
and other physical characteristics. All papers filed in an
appellate court shall be on 8½ inch by 11 inch paper and
shall comply with the following requirements:
(1) The papers shall be prepared on white paper (except for
covers, dividers and similar sheets) of good quality.
(2) The first sheet (except the cover of a brief or reproduced
record) shall contain a 3 inch space from the top of the paper
for all court stampings, filing notices, etc.
48
Font and Spacing
(3) Text must be double spaced, but quotations more than two
lines long may be indented and single spaced. Footnotes may
be single spaced. Except as provided in subdivision (2),
margins must be at least one inch on all four sides.
(4) Lettering shall be clear and legible and no smaller than 14
point in the text and 12 point in footnotes. Lettering shall be on
only one side of a page, except that exhibits and similar
supporting documents, briefs and reproduced records may be
lettered on both sides of a page.
Note - Those without computer access may handwrite pleadings and copies or
use a typewriter that has font different from subsection (4), as long as that
writing is legible and the content is identical in each copy.
Binding
(5) Any metal fasteners or staples must be covered. Originals must
be unbound. Copies must be firmly bound.
Note - All filings, with the exception of those filings that are only a few pages and
the original copy of your pleading, must be bound down the left hand side, like a
book.
(6) No backers shall be necessary.
49
Cover Page
With the exception of letters stating that no answer will be filed, all
filings in this Court must have a cover page, not to be confused with a cover
letter. See the sample cover page, on the next page, for help in generating
your cover page. Generally, the cover page consists of the following
information:
Court and District
Centered, at the top of the cover page, the name of the Court and District in which you are
filing should be noted.
Caption (Pa.R.A.P. 1115(b))
The purpose of the caption is to give the Court a listing of the parties involved.
When invoking the Court’s appellate or extraordinary jurisdiction the caption should be the
same as in the lower courts.
When invoking the Court’s original or exclusive jurisdiction all parties against whom you
are seeking relief should be listed and served.
Type of Filing
The exact title of the filing should be spelled out on the cover page
Appeal From Paragraph
The Appeal From Paragraph gives a brief synopsis of the procedural history of the case
being appealed. Generally, the Appeal From Paragraph is only necessary when you are
attempting to invoke the appellate jurisdiction of the Court. Please see the sample cover
page for a sample of the information contained in the Appeal From Paragraph.
Filer Information
Please include your full name and mailing address. Do not include the mailing address of
opposing parties.
50
In the Supreme Court of Pennsylvania
Middle District
Commonwealth of Pennsylvania,
Commonwealth of Pennsylvania,
Respondent
Respondent
v.
v.
John Doe,
John Doe,
Petitioner
Petitioner
PETITION FOR ALLOWANCE OF APPEAL
Appeal from the Order of the Superior Court at XXX MDA 20XX, dated
Appeal 9,
from
the affirming
Order of the
Court
at XXX
MDA 20XX,
dated
January
2011,
the Superior
Order of the
Court
of Common
Pleas,
York
January
9, 2011,
affirming the Order of the Court
Common
Pleas, York
County,
at CP-XX-CR-XXXXXXX-2008,
datedof
March
11, 2010.
County, at CP-XX-CR-XXXXXXX-2008, dated March 11, 2010.
Sample
Cover Page Yours Will
Vary
John Doe
SCI Huntingdon - #FM-XXXX
1120 Pike St.
P.O. Box 999
Huntingdon, PA 16652
51
Table of Contents
Table of Contents
Table of Citations…………………………………………………………………………ii
Reference to the Opinions Delivered in the Courts Below………...1
Text of the Order in Question……………………………………………………..2
Questions Presented for Review………………………………………………….3
Concise Statement of the Case…………………………………………………..4
Reasons Relied Upon for Allowance of Appeal…………………………..5
Conclusion…………………………………………………………….....................6
Opinion of the Superior Court…………………………………..Appendix A
Opinion of Court of Common Pleas…………………………..Appendix B
Sample Table of Contents Yours Will Vary
52
Table of Citations
!
If your pleading cites legal authority or statute, you must
have a table of citations.
Table of Citations
Cases:
A. Corporation v. Anytown PA, 554 Pa. 234 (1992)………….…………9
Commonwealth v. Doe, 600 Pa. 200, 821 A.2d 334 (2004)..……..3
Doe v. Doe, 830 A.2d 1110 (Pa. 2006).……………………………………….4
Z. Corporation v. Nowhereville PA, 845 A.2d 595
(Pa.Super.2007)………………….7
[Notice that all cases are in alphabetical order]
Sample Table of Citations Yours Will Vary
53
Filing Fees, In Forma Pauperis Forms, and
Number of Copies
The omission of the correct number of copies or a filing fee in a
particular matter is the number one cause of delay in Pro Se-filed cases each
year. It is important that you understand the number of copies that are
required of you and your financial obligation for filing in the Court.
!
While you are allowed to file an application to file a reduced
number of copies of your pleading, the Office of the Prothonotary
does not have the resources to provide the copies of your
pleadings and exhibits to the Court and these applications are
rarely granted.
Below you will see a list of the filing fees and required number of copies
for everything in this manual.
If you are unable to find your particular pleading below please contact
the Office of the Prothonotary.
!
If you are unable to provide the filing fees listed please see the
forms and information regarding proceeding In Forma Pauperis,
below.
In Forma Pauperis, In the manner
of an indigent who is permitted to
disregard filing fees and court costs
- Black’s Law Dictionary 9th Edition
54
Due to internal changes, the Prothonotary’s Offices have reduced the number of required copies for certain
pleadings, and the answers thereto, being filed with the Supreme Court (Pa.R.A.P. 105). With the exception
of pleadings being treated as emergencies, the numbers of required copies listed on this notice supersede
the Rules of Appellate Procedure.
Note: All originals should be unbound any additional copies should be bound, per
Pa.R.A.P. 124
Appellate Jurisdiction:
Petitions for Allowance of Appeal
Petition or Cross-Petition for Allowance of Appeal
original + 1
$85.50
Petition or Cross-Petition for Allowance of Appeal from a Unemployment Compensation
Board of Review (filed by an individual)
original + 1
---------Answer/No Answer Letter
Application for Bail
Application for Stay
Application for Supersedeas
Application for Discontinuance
Motion for Remand of Record
original + 1
original + 1
original + 1
original + 1
original + 1
original + 1
-------------------------------------------------------
Application for Reconsideration
original + 1
$15.00
Petition for Leave to File a Petition for Allowance of Appeal Nunc Pro Tunc
original + 1
$65.50
Direct Appeals or Granted Petition for Allowance of Appeals
Notice of Appeal
original + 1
----------
Jurisdictional Statement
original + 1
$85.50
Designation of Contents of Reproduced Record
original + 1
----------
Praecipe for Appearance
Motion to Withdraw as Counsel
original + 1
original + 1
-------------------
Praecipe to Discontinue
original + 1
----------
55
1st Application for extension of time to file Briefs
2nd Application for extension of time to file Briefs
3rd+ Application for extension of time to file Briefs
original + 1
original + 1
original + 1
---------$10.00
$25.00
Briefs (regardless of party type)
Reproduced Record
Reproduced Record (In Forma Pauperis)
original + 15
10
----------
----------------------------
Application for Oral Argument
Application for Continuance
original + 1
original + 1
-------------------
Motion to Discontinue
original + 1
----------
Application for Reconsideration
original + 1
$15.00
Application for Leave to File an Original Process
Petition for Writ of Mandamus
Petition for Writ of Habeas Corpus
Petition for Writ of Prohibition
original + 1
original + 1
original + 1
original + 1
---------$65.50
$65.50
$65.50
Extraordinary Jurisdiction/King’s Bench
original + 1
$65.50
Original Jurisdiction:
56
In Forma Pauperis Status
If you proceeded In Forma Pauperis in the Court below you should file a
Verified Statement in Support of Continued In Forma Pauperis Status.
Pa.R.A.P. 551 - Continuation of In Forma Pauperis Status for Purposes of
Appeal.
(a) General rule.—A party who has been granted leave by a lower court to
proceed in forma pauperis may proceed in forma pauperis in an appellate
court upon filing with the clerk of the lower court two copies of a verified
statement stating:
(1) The date on which the lower court entered the order granting leave to
proceed in forma pauperis.
(2) That there has been no substantial change in the financial condition of the
party since such date.
(3) That the party is unable to pay the fees and costs on appeal.
If you have not proceeded below In Forma Pauperis and your financial
condition has changed, you were denied In Forma Pauperis status below and
wish for the Court to review you financial conditions, or you are invoking this
Court’s original jurisdiction you should file papers in compliance with
Pa.R.A.P. 553 and Pa.R.A.P. 561 (see below).
57
In the Supreme Court of Pennsylvania
Eastern/Middle/Western District [Clearly Circle]
_____________________________, Petitioner/Appellant
v.
_____________________________________________________________________,
Respondent(s)/Appellee(s)
Application for Leave to Proceed In Forma Pauperis
Pursuant to Pa.R.A.P. 553, Petitioner/Appellant requests this Honorable Court for leave
to proceed in forma pauperis.
As certified in the accompanying Verified Statement [Pa.R.A.P. 561],
Petitioner/Appellant is unable to retain counsel or to pay the costs of this proceeding.
_____________________________________
(Original Signature of Petitioner/Appellant)
Date: ____________________
__________________________, Pro Se
58
In the Supreme Court of Pennsylvania
Eastern/Middle/Western District [Clearly Circle]
_____________________________, Petitioner/Appellant
v.
_____________________________________________________________________,
Respondent(s)/Appellee(s)
IFP VERIFIED STATEMENT
_________________________, Petitioner/Appellant in the above-captioned matter,
(Name)
states under the penalties provided by 18 Pa.C.S. §4904 (unsworn falsification to
authorities) that:
1. I am the petitioner/appellant in the above action and because of my financial
condition I am incapable to pay the following fees and costs:
__________________________________________________________
__________________________________________________________
(ie… appellate filing fees, costs of reproducing records/briefs or filing of
supersedeas security if irreparable harm would result if not waived)
2. My responses to the questions below relating to my ability to pay the fees and costs
of prosecuting an appeal are true and correct.
a. Are you presently employed?
Yes
No
(1) If the answer is yes, state the amount of your salary or wages per month and
give the name and address of your employer.
Salary and wages per month $ _________________________________
Address of employer
____________________________________
____________________________________
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(2) If the answer is no, state the date of your last employment and the
amount of the salary and wages per month which you received.
Date of your Last employment __________________________________
Salary and wages per month $ __________________________________
b. Have you received within the past twelve months any income from a
business, profession or other form of self-employment, or in the form of
rent payments, interest, dividends, pension, annuities, Social Security
benefits, support payments or other source?
Yes
No
If the answer is yes, describe each source of income, and state the
amount received from each during the past twelve months.
Source of Income
Amount Received (in dollars)
_____________________________
_______________________
_____________________________
_______________________
_____________________________
_______________________
c. Do you own any cash or checking or savings account?
Yes
No
If the answer is yes, state the total amount of items owned
___________________________________________________________
___________________________________________________________
d. Do you own any real estate, stocks, bonds, notes, automobiles, or other
valuable property (excluding ordinary household furnishings and clothing)?
Yes
No
If the answer is yes, describe the property and state its approximate value and the
amount of any encumbrances.
Property
Approximate Value (in dollars)
_____________________________
_______________________
_____________________________
_______________________
_____________________________
_______________________
_____________________________
_______________________
_____________________________
_______________________
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(e) List the persons, if any, who are dependent upon you for support and state
relationship to those persons.
your
___________________________________________________________
___________________________________________________________
___________________________________________________________
(f) List all your debts and obligations.
___________________________________________________________
___________________________________________________________
___________________________________________________________
3. I understand that a false statement or answer to any question in this verified
statement will subject me to the penalties provided by law (misdemeanor of the second
degree).
_____________________________________
(Original Signature of Petitioner/Appellant)
Date: ____________________
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Proof of Service
!
Everything you file with the Office of the Prothonotary should
be accompanied by a Proof of Service.
!
Under 18 Pa.C.S. §4904 a knowingly false proof of service
constitutes a misdemeanor of the second degree.
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Proof of Service
I hereby certify that I am this day serving the foregoing document upon the
persons and in the manner indicated below, which service satisfies the requirements of
Pa.R.A.P. 121:
Name: _______________________
Representing: _________________
Date Served: __________________
Address: ___________________________
___________________________
___________________________
___________________________
Method of Service:
First Class Mail/Commercial Carrier
Hand Deliver
E-Mail/Fax*
E-Mail (if applicable): ________________
Fax (if applicable): __________________
Name: _______________________
Representing: _________________
Date Served: __________________
Address: ___________________________
___________________________
___________________________
___________________________
Method of Service:
First Class Mail/Commercial Carrier
Hand Deliver
E-Mail/Fax*
E-Mail (if applicable): ________________
Fax (if applicable): __________________
Name: _______________________
Representing: _________________
Date Served: __________________
Address: ___________________________
___________________________
___________________________
___________________________
Method of Service:
First Class Mail/Commercial Carrier
Hand Deliver
E-Mail/Fax*
E-Mail (if applicable): ________________
Fax (if applicable): __________________
_____________________________________
(Original Signature of Filer)
Filer Information Address: _____________________
_____________________
_____________________
_____________________
Date: ___________________
E-Mail (if applicable): _____________________
Fax (if applicable): _______________________
Phone (if applicable): _____________________
*Note: By selecting E-Mail or Fax as a method of service, you are verifying that you and the
opposing party have an agreement that E-Mail or Fax is an acceptable method of service.
Deadlines for Filing and Preserving
Your Filing Date
While all the obligations to the Court, as addressed in the Rules and in
this manual are important, your most important obligation to ensuring an
organized and efficient appellate review is to file in a timely manner.
In order to preserve the filing date as the date of mailing, a Petition for
Allowance of Appeal or Application for Reconsideration you must obtain a US
Postal Form 3817 or other similar U.S. Postal Service form from which the
date of deposit can be verified. All other pleadings filed with the Office of the
Prothonotary can be preserved with an official US Postmark. Inmate
Postmarks or Inmate Cash Slips can also be used to preserve the date for any
filing.
!
Using a commercial carrier or a commercial postage machine
will not preserve your filing date.
On the next page, you will find a table that attempts to address the filing
deadlines for all pleadings and responses addressed in Sections Two, Three,
and Four of this manual. Also, per Pa.R.A.P. 105, the Office of the
Prothonotary may alter the response date for any matter filed.
!
When filing an emergency petition, you must make clear in your
pleading the exact date and consequences of failure of the Court
to act upon your pleading. While the Court reserves the right to
treat your pleading as an emergency, any pleading filed without
an exact date and sufficient reason for that date will not be
treated as an emergency.
64
Pleading
Days to
File*
(Personal
Service/US Mail)
Petition for Allowance of Appeal
Answer to Petition for Allowance of Appeal
Answer to Petition for Allowance of Appeal (Children’s Fast Track)
Application for Reconsideration from denial of Petition for
Allowance of Appeal
Application for Reconsideration from denial of Petition for
Allowance of Appeal (Children’s Fast Track)
30**
14/17
10/13
14
Notice of Appeal and Jurisdictional Statement
Notice of Appeal and Jurisdictional Statement (from an order
changing venue or venire, an order arising from the Pennsylvania
Election Code, or an order arising from the Local Government Unit
Debt Act – or similar statute.)
Answer to Jurisdictional Statement
Designation of Contents of Reproduced Record
30**
10**
Designation of Contents of Reproduced Record (Children’s Fast
Track)
Appellant’s Brief
23
Appellee’s Briefs
Appellee’s Briefs (Children’s Fast Track)
Appellant’s Reply Brief(s)
Appellant’s Reply Brief(s) (Children’s Fast Track)
Application for Reargument
Application for Reargument (Children’s Fast Track)
Answer to Application for Reargument
Answer to Application for Reargument (Children’s Fast Track)
Applications for Relief, Ancillary Motions, and Pleadings Invoking
this Court’s Original or Extraordinary Jurisdiction
Answers
Answers (Children’s Fast Track)
7
14/17
30 (before the date of
Appellant’s Briefs)
(before the date of
Appellant’s Briefs)
Determined by
Prothonotary’s
Office
30/33
21/24
14/17
7/10
14
7
14/17
7/10
--------14/17
10/13
*All filing times are calculated by the date the Court Order was exited or the date
you were served by the opposing party – not the date you received the order or
pleading. You are only afforded an extra three days from the date of service if a
party serves you by first class mail; manner of service from a court does not affect
the filing deadline.
**The deadline for filing a Petition for Allowance of Appeal can only be extended
by the filing of a timely Application for Reconsideration in the intermediate court –
an Application for Reconsideration must be filed within fourteen days (seven on a
Children’s Fast Track). The timely filing of an Application for Reconsideration will
NOT extend the time for filing a Notice of Appeal and Jurisdictional Statement.
65